AParmar Posted October 27, 2017 Report Share Posted October 27, 2017 Hi, I have H1B visa. My Brother is USA citizen. If he help me with Family based immigration to file I130, 1. I130 might take 6 to 7 years and then to file I485 which might take few years. For that I have to maintain my legal status here means I have to continue on H1b visa that long which might be issue because after 6 years unless employment based immigration process is going on I can not get h1b extension. Is there any way I can get extension based on family based petition ? What will be impact of my H1b visa status in case we file family based immigration petition ? 2. Can employment based green card petition and family based immigration petition filed together ? Please guide... Thanks in Advance! Link to comment
pontevecchio Posted October 27, 2017 Report Share Posted October 27, 2017 The I-130 will be processed now. But approval still means a 14 year wait for AOS or Consular Processing as the case may be. H1 status is not affected. H1 is dual intent. They may not give you a tourist visa for future visits in view of Immigrant Intent. You may choose toreturn for one year and come back with a fresh H1 for 6 years and so on. EB and FB are separate beasts. Link to comment
JoeF Posted October 27, 2017 Report Share Posted October 27, 2017 An H1 can not be extended based on a family immigrant petition. Link to comment
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